KANCHAN KUMAR SON OF LATE SHATRUGHAN PRASAD KASTWAR, R/O C Vs. STATE OF BIHAR THROUGH THE DEPARTMENT OF VIGILANCE, GOVT. OF BIHAR, PATNA

JUDGEMENT

(1.) Petitioner who happens to be an accused in Special Case No. 09/2000 arising out of Vigilance Case No. 05/2000 has challenged the order dated 28.03.2016 passed by Special Judge, Vigilance 1st, Patna rejecting his prayer having been made under Section 239 of the Cr.P.C.

(2.) The gist of the prosecution case, as is evident that on a complaint having been made to the vigilance regarding amassing of property disproportionate to his known sources, misusing his post by the petitioner who was occupying the post of Assistant General Manager, Bihar State Financial Corporation, Patna a preliminary enquiry was made whereupon Vigilance Case No. 05/2000 was registered followed with an investigation which ultimately culminated by way of filing of charge-sheet leading to Special Case No. 09/2000 followed with order of cognizance. Subsequently thereof, at the stage of framing of charge, a prayer has been made on behalf of petitioner to discharge him which has been rejected by the learned lower court by the order impugned, hence this petition.

(3.) It has been submitted on behalf of the petitioner that the present prosecution happens to be malicious one in the background of the fact that right from inception of the case, petitioner has challenged its reliability on account of allowing the preliminary enquiry of the case kept pending for years together without any rhyme and reason with mala fide intention. During midst thereof, petitioner had left the present assignment and had joined Oil and Natural Gas Corporation in the year 1996 on enhanced salary, perks and then thereafter, raid was conducted on 21.02.2000 in his absence at his house and household articles were seized from the house of the petitioner which were valued/assessed on the date of conduction of the raid, that means to say on 21.02.2000.